Disclosure of evidence in Scottish criminal proceedings

Copyright © 2025 LexisNexis

Published by a LexisNexis Corporate Crime expert

Practice notes

Disclosure of evidence in Scottish criminal proceedings

Copyright © 2025 LexisNexis

Published by a LexisNexis Corporate Crime expert

Practice notes

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In Scotland, there is a duty on the Crown Office and Procurator Fiscal Service (COPFS) to disclose all material which it holds to the defence. This duty to disclose information applies to cases being prosecuted under both summary and Solemn procedure.

For an explanation of the criminal investigation and prosecution policy in Scotland, see Practice Note: The investigation and prosecution of criminal offences in Scotland.

For information on summary procedure in Scottish criminal proceedings, see Practice Note: Summary procedure in Scottish criminal proceedings and Scottish Summary criminal procedure—flowchart.

For information on solemn procedure in Scottish criminal proceedings, see Practice Note: Solemn procedure in Scottish criminal proceedings and Scottish solemn criminal procedure—flowchart.

Background

The Crown’s obligation to provide the defence with all material information which it holds stems from the accused’s right to a fair trial under Article 6 of the European Convention on Human Rights.

The parameters of the Crown’s duty of disclosure were first set out in McLeod v HM Advocate. The obligations on the Crown were clarified in a series

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Jurisdiction(s):

United Kingdom

Key definition:

Scottish Courts and Tribunals Service definition

What does Scottish Courts and Tribunals Service mean?

This body provides administrative support in Scotland for courts, judges and tribunals.

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